Judge Whitney Z. Johns

Applies to

Commonwealth recommendation

The Commonwealth must make a written recommendation to the Court for each application.

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must submit written recommendations on diversion conditions and the appropriate sentence if the agreement is unsuccessful.

Applies to

Pretrial diversion order

The diversion order must include the applicable restitution, supervision, duration, compliance, testing, and other conditions listed in the order.

An eligible person may apply for a pretrial diversion order after indictment, but must apply no later than 30 days before trial.

If the attorneys disagree about an order's drafting, the responsive party or attorney may move for clarification or further orders within seven business days after receiving it.

Deadline

5 business days

The movant must file a motion by close of business on the fifth business day after obtaining its hearing date, or the Clerk will remove it from the docket.

The Court may void participation in pretrial diversion only after a hearing, with notice to the Commonwealth and defendant, and a showing of noncompliance or unsatisfactory progress.

Pleadings and attachments must be served on all other parties or their counsel, and a copy must be forwarded to the Court.

Deadline

4 working days

Notice of every motion must be served on all necessary parties at least four working days before the scheduled hearing.

Petitioners seeking to initiate contempt proceedings should contact the circuit court clerk in the county where the protective order was issued.

Contact

Phone to chambers

Phone

859-239-7090

Schedule other cases within the Court’s jurisdiction by appointment through the Judge’s Office, which may be contacted by phone.

To schedule a matter for Circuit Motion Hour, the movant must contact the Circuit Clerk in the county where the hearing will take place.